USCIS Now Premium Processing EB1/EA Petitions

As was noted in a special posting on MurthyDotCom late last week, the U.S. Citizenship and Immigration Services (USCIS) issued an announcement that it would begin to accept premium processing for Extraordinary Ability (EA) petitions as of Monday, November 13, 2006. This is the most recent expansion of the I-140 premium processing program that began with EB3 cases on August 28, 2006. As of September 25, 2006, it was extended to include most EB2 cases.

What is an EB1/EA Case?

EA petitions are self-sponsored petitions in the employment-based, first preference (EB1) category. They are submitted by those who are considered persons of extraordinary ability. An individual interested in exploring whether the EA category may be a viable option, given his or her background, should first review our September 15, 2006 MurthyBulletin article, Can I Benefit Under the “Current” EB1 Priority Dates. The Murthy Law Firm also offers consultations to determine the strength of one’s background, wherein an attorney will analyze whether a potential candidate’s qualifications meet requirements for an EA (or other) petition.

When Can I Use Premium Processing?

Premium processing of I-140 petitions is now being used regularly. There are some cases that are not eligible for premium processing at this time. These include National Interest Waivers (NIWs), Labor Substitution cases that do not have original labor certifications, second I-140 filings (if earlier I-140 petitions are still pending), and cases with their original labor certifications not included (for cases based on labor certifications). Those who are considering whether to premium process EA or other types of I-140 cases should review prior MurthyBulletin articles on this subject. Please see Detailed Analysis of Premium Processing for I-140s, Part I (July 28, 2006), and Part 2 (August 4, 2006), available on MurthyDotCom.

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.